Moldova (Republic of)

Last updated : 01/02/2017

Status regarding Budapest Convention

Status : Party Signed : 23/11/2001 Ratified : 12/05/2009 See legal profile

Cybercrime policies/strategies

The Government of Republic of Moldova has not yet adopted a cybercrime strategy.

Since 2015, there is a separate section No. 4 entitled “Preventing and combating cybercrime” in the draft national Programme on Ensuring Cybersecurity of the Republic of Moldova and its action plan. The section focuses on the further development of legislation, training of law enforcement, implementation of Council of Europe recommendations on the subject, accession to the Additional Protocol to the Budapest Convention on Cybercrime, ensuring compliance with the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention), further regulatory framework study, and further strengthening of capacitates of authorities tasked with preventing and combating cybercrime.

Other sections of the draft Programme on Ensuring Cybersecurity aim to achieve safe processing, storage and access to data; security and integrity of electronic communications networks and services; capacities of prevention and emergency response (CERT); strengthening cyber defence capacities; education and information; and international cooperation and contact.

 

Until the draft Programme is adopted, the Moldovan authorities are guided by the action plan on the implementation of the National Strategy for Information Society Development, Digital Moldova 2020, approved under the Government Decision No 857 of 31 October 2013.

Specialised institutions

  1. The Center for Combating Cyber Crime of National Inspectorate for Investigations GPI of MIA -  primary unit for the investigation of cybercrime,  tasked with preliminary investigative and operative-detective activities in terms of cybercrime offences. The Center for Combating Cybercrime currently employs 29 officers: 7 criminal investigative officers and 22 investigative officers. Similar to other jurisdictions, the Centre is active in providing assistance and guidance to local police units in cybercrime and electronic evidence matters.

The work of the Centre is supported by a cyber lab created within the Technical Criminalist Directorate of the Ministry of Internal Affairs, where technical specialists work on analyses, collection and processing of electronic evidence. The process of forensic examinations takes place in compliance with the provisions of the Criminal Code, Criminal Procedure Code, methodological materials and other applicable standards.

2. The general prosecutor's office, Specialized division - Department for Informational Technology and Combating Cybercrime. Since 2010, the  Department for Informational Technology and Combating Cybercrime as an independent structural subdivision of the Prosecutor General’s Office directly under the General Prosecutor, is in charge of criminal investigations and prosecutions in cybercrime cases. There are currently 5 prosecutors in the section, supported by 4 consultants and 2 IT specialists, who are tasked the investigation of the full spectrum of offences provided by Article 2-10 Budapest Convention, as well as related offences against or with use of computer systems and data. The Department is in charge of criminal investigations and prosecutions in all cybercrime cases, except those related to organized crime which are being investigated by the Specialized Prosecutor's Office for Combating Organized Crime and Special Cases.

3. The telecom companies’ activities are submitted to the regulation of ANRCETI  – National Authority for Telecommunications.

4. There is also a National Center for Personal Data Protection – CNPDCP.

 

Jurisprudence/case law

Sources and links

National police http://www.igp.gov.md/

Prosecutor’s General Office presentation page http://www.procuratura.md/en/pdpapg/

National Center for Personal Data Protection http://www.datepersonale.md/en/start/

ANRCETI  – National Authority for Telecommunications  http://en.anrceti.md/front